Duncan v. Kansas City Southern Railway
Louisiana Supreme Court
773 So. 2d 670 (La. 2000)
Three sisters, children of Duncan (plaintiff), were riding in a church van that collided with a Kansas City Southern Railway (KCS) (defendant) locomotive at a crossing; one sister died, one (Rachel) was left quadriplegic, and one suffered lesser injuries. A jury found both the van driver and KCS liable and awarded Duncan over $27.8 million total, including $17 million in future medical expenses (calculated using an 81-year healthy life expectancy) and $8 million in general damages to Rachel for pain, suffering, and loss of enjoyment of life. The appellate court affirmed, and the Louisiana Supreme Court granted certiorari.
Whether an award of damages must be based on what a reasonable trier of fact could assess for the effects of the particular injury to the particular plaintiff under the particular circumstances.